United States Fifth Circuit

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US v. Clark, 07-51442

Defendant's tax fraud conviction is affirmed where the delay prior to defendant's trial did not mandate dismissal with prejudice under the Speedy Trial Act, because: 1) defendant persisted in illegal conduct for a period of more than a year; 2) the overwhelming majority of the delay resulted from defendant's own conduct; and 3) the defense was not prejudiced by the delay.

Appellate Information

  • Decided 07/28/2009
  • Published 07/28/2009

Judges

  • PRADO, Circuit Judge:, Before HIGGINBOTHAM, GARZA and PRADO, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Joseph H. Gay, Jr. Asst. U.S. Atty., Elizabeth Berenguer, San Antonio, TX, for U.S., James Scott Sullivan (Cour-Appointed), Law Offices of J. Scott Sullivan, San Antonio, TX, for Clark.